Legal Opinion

Hall v. Willmering

Court of Appeals of Texas

Decided January 29, 1919No. 1456Published

Appeal from District Court, Potter County; Hugh L. Umphres, Judge. Action by J. F. Hall against C. E. Will-mering. Judgment for defendant, and plaintiff appeals.

1Opinion

On Motion for Kehearing.

Appellant strongly assails our conclusions in this case, particularly as to the second proposition discussed in the opinion. His position thereon is, in substance, that under the terms of the contract notice of election to continue the contract is required at the expiration of the three-year period, and that the analogy between this contract and the provisions in lease contracts for extensions of leases cannot be applied because in the landlord and tenant cases the tenant is in actual possession of the premises leased, so that this continued occupancy is notice, while…

2Cases cited8 opinions

  1. Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
  2. Quinn v. ValiquetteSupreme Court of Vermont · 1908
  3. Montgomery v. Board of CommissionersIndiana Supreme Court · 1881
  4. Sheppard v. RosenkransWisconsin Supreme Court · 1901
  5. Falley v. GilesIndiana Supreme Court · 1867

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